There are many paid "inheritance claim templates" online for 100–300 PLN, advertised with the slogan "save 1500 PLN on a lawyer." The truth is: you can write an inheritance claim in a simple case by yourself and for free – the regulations clearly state what it must contain, and this guide will walk you through each element: from calculating the amount, through the court fee and appropriate court, to a complete template of the claim with discussion. We will also honestly show when writing it yourself is a bad idea and when hiring a lawyer is truly worthwhile.
Last verification: July 21, 2026 (Civil Code – consolidated text, Journal of Laws 2026, item 795; Code of Civil Procedure – consolidated text, Journal of Laws 2026, item 468; Law on Court Fees – consolidated text, Journal of Laws 2025, item 1228). Informational material – not legal advice. In complicated cases (large estate, donations from years ago, disputes over valuation), consult a lawyer or legal advisor.
In Brief
Key Rules
- Before you write the claim – send a written demand for payment with a deadline. From its expiration, you calculate interest, and often it ends the matter without court.
- What the claim must contain – list from Article 187 § 1 of the Code of Civil Procedure: designation of the court and parties, amount claimed (value of the subject of the dispute), due date of the claim (point 1¹ – an element that most online templates omit!), justification with evidence, information about an amicable attempt, signature, and attachments.
- Court fee – up to 20,000 PLN WPS: brackets 30–1000 PLN; above: 5% of the claimed amount, maximum 100,000 PLN (limit reduced from 200,000 PLN since 23.09.2025 – older guides provide outdated amounts).
- Which court – only the court of the last habitual residence of the deceased (Article 39 of the Code of Civil Procedure): district court for claims up to 100,000 PLN, regional court above (threshold raised from 75,000 PLN since 1.07.2023 – another common mistake online).
- Limitation: 5 years (Article 1007 of the Civil Code) – from the announcement of the will (claim against the heir) or from the opening of the estate (claim against the donee, legatee, and family foundation).
- New since 2023: the defendant can request installments of the inheritance, deferral, and exceptionally reduction (Article 997¹ of the Civil Code) – be prepared for such a request.
- Can't afford the fee? You can apply for exemption from court costs – for free, using the form for a statement of family and financial status (Articles 100–102 of the Law on Court Fees).
- Mailing – the date of dispatch at a Polish Post office = the date of filing in court (Article 165 § 2 of the Code of Civil Procedure). Courier or parcel lockers do NOT have this effect.
- You can calculate and check who is entitled to the inheritance in our separate guide: Inheritance Step by Step.
Before You Sit Down to the Claim – 3 Things to Check
1. Does the claim even exist and how much is it?
The inheritance is due to descendants, the spouse, and the parents of the deceased who would be entitled to inherit by law (Article 991 § 1 of the Civil Code): half of the value of the inheritance share, and if the entitled person is permanently unable to work or is a minor descendant – two-thirds. Certain donations, legacies, and since 2023, also the founding fund of the family foundation are added to the base (Articles 993–997 of the Civil Code). An important limitation confirmed by a recent Supreme Court resolution (8.08.2024, III CZP 3/24): donations made more than 10 years before the opening of the estate to persons not entitled to the inheritance are not included (Article 994 § 1 of the Civil Code). A full calculation with examples is in the inheritance guide; what is included in the estate – in the guide on the estate.
2. Has 5 years passed?
The claim for inheritance becomes time-barred after 5 years from the announcement of the will (Article 1007 § 1 of the Civil Code), and the claim against the donee, legatee, and family foundation – 5 years from the opening of the estate, that is, from the death of the deceased (Articles 1007 § 2–4 of the Civil Code). Note the change from 30.06.2022, which half of the internet missed: the demand for an amicable settlement and mediation no longer interrupts the limitation period – it only suspends it for the duration of the proceedings (Article 121 points 5–6 of the Civil Code). If the deadline is approaching, the only certain way to stop it for good is to file a claim.
3. Who are you suing?
By default, the heir (either testamentary or statutory). If the heir cannot provide the inheritance, those who received a legacy or donation included in the estate are also liable (Articles 999¹–1001 of the Civil Code) – the donee is only liable up to the extent of their enrichment, and among several donees, the one who received later is liable first (Article 1001 of the Civil Code). This distinction affects the content of the claim and when the limitation period is counted from.
Step 0: Demand for Payment – Cheaper than a Claim
Write a demand
A simple letter: who, from whom, what share, the claimed amount of inheritance, payment deadline (e.g., 14 days), account number. The claim for inheritance is indefinite – it becomes due after demanding payment from the debtor (Article 455 of the Civil Code), so from the expiration of the deadline in the demand, you calculate statutory interest for delay – currently 9.25% per annum (NBP reference rate 3.75% since 5.03.2026 + 5.5 percentage points; announcement of the Ministry of Justice – M.P. 2026, item 367).
Send it by registered mail with acknowledgment of receipt
Proof of dispatch and receipt will be attached to the claim – it shows the court that you tried to resolve it amicably (a mandatory element of the claim) and from when to count the interest.
Consider a demand for an amicable settlement
A formal request to the district court for a conciliatory meeting. The fee is low: 120 PLN for claims up to 20,000 PLN, 300 PLN above (Article 23a of the Law on Court Fees – and not "1/5 of the fee from the claim," as older guides state). However, remember: since 30.06.2022, a demand only suspends the limitation period during the conciliatory proceedings (Article 121 point 6 of the Civil Code) – it does not restart it. It makes sense when the other party is willing to talk, and you want a cheaper settlement with the force of a judgment.
What Must Be Included in the Inheritance Claim – Element by Element
The requirements for each claim are specified in Article 126 of the Code of Civil Procedure (general requirements for procedural documents) and Article 187 § 1 of the Code of Civil Procedure (elements of the claim): a precisely defined request with the value of the subject of the dispute, indication of the due date of the claim (point 1¹), indication of facts and evidence, and information about the amicable attempt (point 3). Here is everything in the order in which the document is arranged:
| Element | What to enter in the inheritance claim |
|---|---|
| 1. Court | Name and address of the court (which – see below) + civil division. |
| 2. Parties | Claimant (You): first name, last name, address, PESEL (mandatory in the first document – Article 126 § 2 point 2 of the Code of Civil Procedure). Defendant (heir/donee): first name, last name, address. |
| 3. Value of the subject of the dispute (WPS) | The amount of inheritance you are claiming, in full PLN; interest is not included (Articles 19–21 and 126¹ of the Code of Civil Procedure). From it depends the fee and the jurisdiction of the court. Additionally, due date (the day after the expiration of the deadline from the demand for payment) – Article 187 § 1 point 1¹ of the Code of Civil Procedure. |
| 4. Request | "I request the court to order the defendant to pay the amount of … PLN with statutory interest for delay from the day … until the day of payment" + ordering the costs of the proceedings. |
| 5. Facts and evidence | Justification: who died and when, kinship, will/inheritance, composition and value of the estate, calculation of the inheritance, demand for payment. Evidence for each fact. |
| 6. Information about the amicable attempt | Mandatory: whether the parties undertook mediation or another out-of-court attempt to resolve the dispute, and if not – why (Article 187 § 1 point 3 of the Code of Civil Procedure). It is enough to describe the demand for payment. |
| 7. Signature and attachments | Handwritten signature, list of attachments, copy of the claim and attachments for the defendant (Article 128 § 1 of the Code of Civil Procedure). |
Typical evidence in an inheritance claim: death certificate, civil status acts confirming kinship, registered certificate of inheritance or court decision confirming inheritance, will, excerpts from land and mortgage registers, valuation/comparative announcements of real estate, donation agreements, demand for payment with proof of delivery, hearing of parties and witnesses. In disputes over the value of real estate, the court will appoint a court expert – their opinion, not a private valuation, prevails.
How Much Does an Inheritance Claim Cost?
The fee for the claim is determined by Article 13 of the Law on Court Fees in Civil Cases (consolidated text, Journal of Laws 2025, item 1228):
| Claimed Amount (WPS) | Fee for the Claim |
|---|---|
| up to 500 PLN | 30 PLN |
| 500–1500 PLN | 100 PLN |
| 1500–4000 PLN | 200 PLN |
| 4000–7500 PLN | 400 PLN |
| 7500–10,000 PLN | 500 PLN |
| 10,000–15,000 PLN | 750 PLN |
| 15,000–20,000 PLN | 1000 PLN |
| over 20,000 PLN | 5% of WPS, max. 100,000 PLN (limit reduced from 200,000 PLN since 23.09.2025 – Journal of Laws 2025, item 1157) |
Examples: inheritance of 50,000 PLN → fee 2500 PLN; 200,000 PLN → 10,000 PLN; 400,000 PLN → 20,000 PLN. Additionally, during the proceedings: advance for the court expert (usually 2000–4000 PLN, when there is a dispute over the value of real estate), 17 PLN stamp duty for the power of attorney (if you authorize someone; the power of attorney for a spouse, children, parents, and siblings is exempt from the fee) and – in case of losing – the costs of the opponent's legal representation.
Beware of inflated WPS. You pay the fee based on the claimed amount. If you demand an inflated inheritance and lose partially, the court will proportionally divide the costs – you may have to pay part of the opponent's costs (including their attorney's fees). Demand an amount you can defend with calculations.
Exemption from Court Fees
If you cannot afford the fee without compromising your and your family's maintenance, submit a request for exemption from court fees along with the claim (Articles 100–102 of the Law on Court Fees) with a statement of family status, assets, income, and sources of maintenance on an official form (available at gov.pl – forms for procedural documents). The request is free, and the court may grant it in full or in part. Note: exemption covers fees and court expenses, but does not protect against the obligation to reimburse the opponent's costs in case of losing.
To Which Court Do You Submit the Claim?
In inheritance cases, exclusive jurisdiction applies: you submit the claim to the court of the last habitual residence of the deceased, and if this cannot be established in Poland – to the court of the location of the estate or part of it (Article 39 of the Code of Civil Procedure). It does not matter where you or the defendant live.
The level of the court depends on the claimed amount (Articles 16–17 of the Code of Civil Procedure): for 100,000 PLN – district court, above – regional court. The threshold was raised from 75,000 PLN on 1.07.2023 (Journal of Laws 2023, item 614) – if an online template instructs you to count from 75,000 PLN, it is outdated. You can find the appropriate court using the search engine on gov.pl or on any court's website.
How to Submit the Claim – Technically
Print and sign 2 copies + your own
Original for the court, copy for the defendant (each with a complete set of attachments), third copy for yourself – on which the submission office will confirm receipt. More defendants = more copies.
Pay
By transfer to the court's income account (number on the court's website; in the title: "fee for the claim, claimant [last name] against [last name], for inheritance"), with court fee stamps (e-stamps at oplaty.ms.gov.pl) or at the court's cash desk. Attach proof of payment to the claim.
Submit at the submission office or send by mail
The court's submission office will confirm receipt on your copy. When sending by mail, remember: the effect "date of dispatch = date of filing" is granted only by Polish Post (the operator providing universal postal services) or a foreign operator of a universal service from another EU country – Article 165 § 2 of the Code of Civil Procedure. Courier, InPost, or parcel lockers do NOT have this effect – with the limitation period ending, this mistake could cost you the entire case. Send it registered, keep the proof of dispatch.
Wait for the court's action
The court will check for formal deficiencies (if there are any – it will call for supplementation within 7 days, this is normal, do not panic), will deliver the claim to the defendant, and will require them to respond. Next: exchange of documents, possibly a preparatory hearing, evidence, expert, judgment. Inheritance cases usually last from several months (acknowledgment/settlement) to 2–3 years (dispute over valuation with an expert).
Template of the Claim with Discussion
Below is a complete layout of the inheritance claim after a will – to be rewritten and supplemented with your own data. This is the standard procedural layout; there is no official template for an inheritance claim.
[LOCATION], on [DATE]
Court [District/Regional] in […], … Civil Division, ul. …, …
Claimant: [first name and last name], PESEL: …, residing at …
Defendant: [first name and last name], residing at …
Value of the subject of the dispute: … PLN
Due date of the claim: … (the day after the expiration of the deadline from the demand for payment)
CLAIM FOR INHERITANCE
I request:
1) that the court orders the defendant to pay the claimant the amount of … PLN along with statutory interest for delay from the day … until the day of payment;
2) that the court orders the defendant to pay the claimant the costs of the proceedings according to the prescribed norms;
3) to admit and conduct evidence indicated in the justification – on the facts described there;
4) [optionally] to exempt the claimant from court fees in full/part.
I inform that the parties [attempted an out-of-court resolution of the dispute – demand for payment dated …, which was unsuccessful / did not undertake an amicable attempt, as the defendant refuses to contact].
JUSTIFICATION
[1. The deceased … died on … in …; last permanently residing in … – evidence: death certificate.]
[2. The claimant is the son/daughter of the deceased – evidence: birth certificate. If there were to be statutory inheritance, the claimant would inherit a share of …]
[3. The estate based on the will dated … was acquired in full by the defendant – evidence: certificate of inheritance / court decision dated …, case no. …]
[4. The estate includes: … valued at … PLN – evidence: land and mortgage register no. …, extracts, comparative announcements; I request the admission of evidence from the opinion of a court expert on the value of the property.]
[5. Calculation: net value of the estate … PLN × share … × 1/2 (or 2/3) = … PLN inheritance.]
[6. By letter dated …, the claimant demanded payment from the defendant within the deadline …; the deadline expired without effect – evidence: demand with proof of delivery. The claimant requests interest from the day after the expiration of the deadline.]
[handwritten signature]
Attachments: copy of the claim with attachments, proof of payment for the claim, death certificate, civil status acts, APD/court decision, asset documents, demand for payment with proof of delivery.
Version "after Donation" – What to Change
If the estate is empty because the assets were distributed as donations during the deceased's lifetime, you sue primarily the heir (even if they are the donee), and against the donee, you direct the claim under Article 1000 of the Civil Code (liability within the limits of enrichment). In the justification instead of points 3–4: describe the donation (date, subject, value according to the state at the time of donation and prices at the time of calculating the inheritance – Article 995 § 1 of the Civil Code), demonstrate that the due inheritance cannot be obtained from the heirs, and indicate the limits of the donee's enrichment. Remember the shorter start of the limitation period (from the opening of the estate, not from the announcement of the will).
Interest, Mitigation, Installments – What Else Do Courts Ask About
- From when do interest accrue? The dominant line of jurisprudence: inheritance is an indefinite obligation, so interest runs from the demand for payment of a specified amount (Article 455 of the Civil Code; see, among others, Supreme Court judgments II CSK 403/12 of 7.02.2013 and V CSK 209/13 of 6.03.2014). However, some courts award interest only from the judgment – honestly: this is still a contentious point. Demand from the day after the expiration of the deadline from the demand; at most, the court will correct it.
- Can the court reduce the inheritance? Exceptionally yes – on the basis of abuse of rights (Article 5 of the Civil Code; Supreme Court resolution III CZP 18/81: permissible, but in a narrow scope), and since 22.05.2023, also on a statutory basis under Article 997¹ § 2 of the Civil Code due to the personal and financial situation of the parties.
- Installments / deferral: the defendant can request the inheritance to be paid in installments (up to 5 years in total, in special cases up to 10) or deferral of payment – Article 997¹ of the Civil Code. Be prepared for such a request, especially if the defendant is "sitting" in the inherited apartment without cash.
- Valuation of assets: the composition and condition of the estate – from the moment of opening the estate, but prices – from the moment of adjudication (resolution of 7 judges of the Supreme Court III CZP 75/84, legal principle, still current). Donations: state at the time of donation, prices at the time of calculating the inheritance (Article 995 of the Civil Code). Therefore, with rising real estate prices, delaying the claim does not always work to your disadvantage – but the limitation period is merciless.
When NOT to Write the Claim Yourself
Honestly: a ready template (paid or free) takes care of the form, but does not calculate the inheritance for you and does not build a strategy for evidence. Go to a lawyer/legal advisor when: the estate is large or complex (business, several properties, assets abroad); there were donations from many years ago and a dispute over whether to include them; the defendant raises disinheritance, unworthiness, or abuse of rights (Article 5 of the Civil Code); there is a question of incapacitation/a contested will; or simply the WPS is high – when claiming several hundred thousand PLN, the attorney's fee is a fraction of the litigation risk. The first consultation (200–400 PLN) often pays off multiple times. People with low incomes can apply for a court-appointed attorney (Article 117 of the Code of Civil Procedure) and benefit from free legal assistance (free legal assistance points in every district – gov.pl/web/nieodplatna-pomoc).
FAQ
Is there an official template for an inheritance claim?
No. You write the claim as a regular procedural document according to the requirements of Articles 126 and 187 of the Code of Civil Procedure. Paid "templates" from the internet are simply arranged like this guide – and those not updated can be downright harmful (old threshold of 75,000 PLN, old maximum fee, lack of due date, lack of Article 997¹).
Can I submit the claim online?
As a natural person without an attorney – in practice, no: you submit it on paper (submission office or Polish Post). From 1.03.2026, the Code of Civil Procedure provides for filing documents through the court information portal (Articles 125¹–125² of the Code of Civil Procedure, Journal of Laws 2025, item 1172), but the electronic obligation will first apply to lawyers and legal advisors (from 1.03.2027), and e-deliveries in common courts – only from 1.10.2029. Paper remains fully effective.
What if I do not know the exact value of the estate?
You provide the estimated value as best as you can (land and mortgage registers, comparative announcements) and request evidence from an expert. The court may also require the defendant to present documents. Do not undervalue the WPS "for a lower fee" – you limit your own claim.
The defendant lives abroad – where do I submit the claim?
The defendant's place of residence does not matter – exclusive jurisdiction applies: the court of the last habitual residence of the deceased (Article 39 of the Code of Civil Procedure). If the deceased last lived in Poland, you sue in Poland, and the court will deliver the claim abroad (this extends the case by several months). If the deceased died while living abroad (a common case in the Polish diaspora), jurisdiction in inheritance matters is determined by the EU inheritance regulation 650/2012 – this is a situation where it is really worth consulting a lawyer before submitting anything.
How long does an inheritance case take?
From several months (settlement, acknowledgment of the claim) to 2–3 years when there is a dispute over value and an expert opinion. A settlement can be reached at any stage – also before a mediator, to whom the court is happy to refer.
If I lose, do I pay the opponent's costs?
Yes – the principle of liability for the outcome of the proceedings (Article 98 of the Code of Civil Procedure): the loser reimburses the winner's costs, including the attorney's fee according to the rates from the regulation. In the case of partial victory, costs are divided proportionally. Exemption from court fees does not protect against reimbursement of the opponent's costs.
Fact-Check Summary
Definitely true (verified in consolidated texts: Civil Code – Journal of Laws 2026, item 795; Code of Civil Procedure – Journal of Laws 2026, item 468; Law on Court Fees – Journal of Laws 2025, item 1228): circle of entitled persons and fractions 1/2 and 2/3 (Article 991 of the Civil Code); limitation of 5 years (Article 1007 of the Civil Code); elements of the claim with due date and information about the amicable attempt (Article 187 § 1 of the Code of Civil Procedure); PESEL of the claimant (Article 126 § 2 of the Code of Civil Procedure); exclusive jurisdiction of the court of the deceased (Article 39 of the Code of Civil Procedure); threshold for the regional court 100,000 PLN since 1.07.2023 (Article 17 point 4 of the Code of Civil Procedure); fees 30–1000 PLN up to 20,000 PLN and 5% with a limit of 100,000 PLN since 23.09.2025 (Article 13 of the Law on Court Fees); fee for demand 120/300 PLN (Article 23a of the Law on Court Fees); suspension (not interruption) of the limitation period by demand and mediation since 30.06.2022 (Article 121 points 5–6 of the Civil Code); installments/deferral/reduction (Article 997¹ of the Civil Code since 22.05.2023); effect of dispatch at Polish Post (Article 165 § 2 of the Code of Civil Procedure); statutory interest for delay 9.25% since 5.03.2026 (M.P. 2026, item 367); stamp duty of 17 PLN with exemption for immediate family; no inclusion of donations made more than 10+ years ago to persons not entitled to the inheritance (Supreme Court resolution III CZP 3/24 of 8.08.2024).
Probably true (jurisprudence/practice, possible discrepancies between courts): interest from the demand, not from the judgment (dominant but not uniform line – II CSK 403/12, V CSK 209/13); valuation "state from the opening of the estate, prices from the judgment" (resolution of 7 judges III CZP 75/84 – established principle); mitigation under Article 5 of the Civil Code only exceptionally (III CZP 18/81); typical durations of cases and ranges of advances for experts (practical experience, not regulation).
Sources
| Source | Type | Status |
|---|---|---|
| Civil Code – consolidated text, Journal of Laws 2026, item 795 | Law | Official |
| Code of Civil Procedure – consolidated text, Journal of Laws 2026, item 468 | Law | Official |
| Law on Court Fees in Civil Cases – consolidated text, Journal of Laws 2025, item 1228 | Law | Official |
| Announcement of the Ministry of Justice – statutory interest for delay (M.P. 2026, item 367) | Monitor Polski | Official |
| gov.pl – forms for procedural documents (statement of family and financial status) | gov.pl | Official |
| Supreme Court resolution of 8.08.2024, III CZP 3/24 (10-year limit for including donations) | Supreme Court ruling | Official |
| Free Legal Assistance – gov.pl | gov.pl | Official |
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